Massachusetts officials have ended a gender identity mandate from foster care licensing rules after federal regulators warned the policy violated constitutional protections and conservative legal groups challenged it in court.

The state Department of Children and Families recently amended its foster parent licensing agreement to eliminate language requiring applicants to support and “affirm” the sexual orientation and gender identity of children placed in their care, according to the Alliance Defending Freedom. The revised policy now instructs foster parents to support the “individual identity and needs” of a child instead.

The change follows a federal warning from the U.S. Administration for Children and Families and a lawsuit brought by Alliance Defending Freedom and the Massachusetts Liberty Legal Center, two conservative legal organizations that argued the mandate violated the First Amendment rights of religious foster parents.

Massachusetts adopted the amended policy on an emergency basis late last week, making the change effective immediately. Federal regulators had previously informed the state that the policy raised serious constitutional concerns and would be subject to investigation.

The previous foster care rule drew national attention after multiple families said they lost their licenses for refusing to sign the gender identity agreement. Among them were Massachusetts couples Greg and Marianelly Schrock and Nick and Audrey Jones. The Schrocks had their foster care license revoked in June after declining to agree to the policy.

Another couple, Heath and Lydia Marvin, said their license was revoked earlier this year after they sought religious accommodations. The Marvins said they had fostered eight children under the age of four since 2020 before losing their certification.

State Department of Children and Families commissioner Staverne Miller said the agency’s primary focus is child welfare, while also ensuring religious liberty protections for applicants.

“The Department of Children and Families’ top priority is providing a safe and supportive home for all children in foster care,” Miller said in a written statement. “We are also committed to ensuring that no one is prevented from applying or reapplying to be a foster parent because of their religious beliefs.”

The Alliance Defending Freedom says the state's policy change occurred as a result of communications to state officials from federal officials. The documents say the amendment was intended to prevent escalation by the Administration for Children and Families while continuing to meet the state’s needs for foster homes.

Alliance Defending Freedom senior counsel Johannes Widmalm-Delphonse said the revised policy removes a barrier that excluded religious families from participating in the foster care system.

“Massachusetts has told us that this new regulation will no longer exclude Christian and other religious families from foster care because of their commonly held beliefs that boys are boys and girls are girls,” Widmalm-Delphonse said in a written statement.

He said that families affected by the previous policy are eager to reapply. However, he said the lawsuit will continue until the state demonstrates that it fully respects religious freedom among foster parents.

Federal officials welcomed the policy shift but cautioned that its real-world impact remains to be seen.

The policy reversal comes as states don't have enough foster parents. Critics of the former mandate argued it reduced the pool of available foster families by imposing ideological requirements unrelated to child safety or care.